201.78 Unemployment Compensation

Applies to all university employees.

Issued by: University Human Resources and the Office of the Provost and Executive Vice President for Academic Affairs

SPG number: 201.78

Procedures at the Time of Employment

Supervisors/Managers/HR Representative

All Supervisors/Managers should consult with their HR Representative prior to taking the following steps:  

  1. Keep record of all verbal and written warnings for misconduct. Work performance warnings should be documented separately from misconduct warnings. All documents should be stored based on your local unit procedure unless otherwise required to be attached

  2. Draft and retain a copy of the discharge letter in the HR Appointment imaging drawer* when the employee is fired. Every employee, regular or temporary, should be issued a discharge letter when fired for misconduct. 

  3. Secure and retain a copy of the resignation letter or email in the HR Appointment imaging drawer* when the employee resigns. Every employee, regular or temporary, should submit a resignation in writing. Job abandonment is also considered a voluntary resignation and should be documented for both regular and temporary employees.

  4. Provide Reduction in Force (RIF) Notification to employees per University policy and retain a copy of the notice in the HR Appointment imaging drawer*.

  5. Provide the employee with documentation regarding any approved Medical, FMLA, Personal, Seasonal Paid/Unpaid Leave of Absence, or Sabbatical and a copy saved in the HR Appointment imaging drawer*. The letter should be detailed and include leave start and end dates.

*Your HR Representative will need to place all relevant documentation into the HR Appointment Imaging Drawer.

Unemployment Claim Processing and Protest Activities

Initial Claim Filing

Claimant/Worker

File an unemployment claim for benefits online or by telephone with the State Unemployment Insurance Agency. The employee should file in the state in which 51% or more of the work was physically performed. The employee should only file a claim in one state, not multiple.

State Unemployment Insurance Agency

Issue a Monetary Determination or Notification of Claim Filed form to the University Unemployment Compensation Office, the claimant, and any other employers that fall within the claimant’s base period.

Initial Response to Claim Filing

University Unemployment Compensation Office

  1. Review, evaluate, and process the new claim for benefits, checking for errors.

  2. Request additional information and/or supportive documentation from the HR Representative or department as appropriate.

  3. If protesting the claim, complete the protest, including supportive documentation, and return the protest to the State Unemployment Insurance Agency within 10 calendar days from the mail date. Answer all additional inquiries from the State Unemployment Agency as the protest is reviewed.

Claimant/Worker

  1. Review all forms received from the State Unemployment Agency and check for accuracy.

  2. Respond to all inquiry forms and submit protests if applicable. Include supportive documentation with protests as appropriate.

  3. Register for work as appropriate.

  4. Certify for benefits weekly or bi-weekly as appropriate.

State Unemployment Insurance Agency Evaluation

  1. If the unemployment claim was protested and more information is needed, issue a request for additional information form to both the claimant and the University Unemployment Compensation Office.

  2. Issue a non-monetary determination regarding the claimant’s eligibility and the issue that was protested.

  3. Mail a copy of the non-monetary determination to the claimant and the University Unemployment Compensation Office.

Additional Response to Claim Filing

University Unemployment Compensation Office

  1. Review and evaluate the non-monetary determination form.

    1. If the decision is favorable, no further protest or action is necessary.
    2. If the decision is not favorable, determine if further reconsideration by the state is warranted. If so, submit the second protest along with any new, supportive documentation to the State Unemployment Insurance Agency.

Claimant/Worker

  1. Review the non-monetary determination form.

  2. If in disagreement, submit a protest to the State Unemployment Insurance Agency. Include supportive documentation with the protest as appropriate.

  3. Review all other communications from the State Unemployment Insurance Agency and respond timely.

State Unemployment Insurance Agency

  1. If the non-monetary determination was protested by either party and additional information is needed, issue a request for additional information to both the claimant and the University Unemployment Compensation Office.

  2. Issue a non-monetary redetermination regarding the claimant’s eligibility and the issue that was protested.

  3. Issue a copy of the non-monetary redetermination form to the claimant and the University Unemployment Compensation Office.  

Further Response to Claim Filing

University Unemployment Compensation Office

  1. Review and evaluate the non-monetary redetermination.

    1. If the decision is favorable, no further action is necessary.

    2. If the decision is not favorable, request an appeal hearing to the State Unemployment Insurance Agency before the appeal deadline.

Claimant/Worker

  1. Review the non-monetary redetermination form.

  2. If in disagreement with the redetermination, submit a request for an unemployment hearing and include the reason for requesting the hearing. Attach supportive documentation as appropriate.

Unemployment Hearing

State Unemployment Insurance Agency

Send the hearing request to the State Hearing Office.

State Hearing Office

Issue a hearing notice and mail a copy of the notice to the claimant, the employer, and all other involved parties. The notice will include the date and time details as well as other important information regarding the hearing. Hearings are typically conducted by telephone, but in some cases, hearings are conducted in person.

University Unemployment Compensation Office

  1. Review the hearing notice and determine if the hearing was requested by the claimant, the University, or another employer.

  2. Include the HR Representative while coordinating the hearing when appropriate.

  3. Coordinate who will participate in the hearing, and what evidence, if any, will be used.

  4. Confirm University participation with the hearing office.

  5. Mail or fax the participation notice and evidence documents to the claimant, administrative law judge, and all interested parties as appropriate.

State Unemployment Insurance Agency 

Mail copies of all documents related to the unemployment claim appeal to each involved party.

Claimant/Worker

Mail, fax or hand deliver copies of evidence to the Unemployment Compensation Office at least three days prior to the date of the hearing.

University Unemployment Compensation Office

Send copies of any documents received from the State Unemployment Insurance Agency and/or the claimant to the HR Representative and all hearing participants.

HR Representative and University Participants          

  1. Review and become familiar with evidence documents submitted by the claimant and/or the State Unemployment Insurance Agency.

  2. Confirm logistics for the day of the hearing continue to prepare as appropriate.

State Hearing Office

Issue a copy of the hearing order to all parties.

Benefit Payment and Charging

Claimant/Worker

  1. Certify (report) for benefits on a weekly or bi-weekly basis by the deadline as appropriate.

  2. Report all taxable gross earnings and hours worked to the State Unemployment Insurance Agency, no matter the amount, when certifying.

State Unemployment Insurance Agency

  1. Issue benefit payment to the claimant.

  2. Issue a record of all benefit payments to the University on a weekly, monthly or quarterly basis. The frequency of payment charged to the University will vary by state.

University Unemployment Compensation Office

  1. Verify the accuracy of each benefit charge.

  2. Prepare the weekly benefit charges for quarterly Service Unit Billing to departments.

University Department

Monitor and review all unemployment benefit charges as part of balancing the statement of accounts.

Fraudulent Unemployment Claim

State Unemployment Insurance Agency 

Issue a monetary determination form or notification of claim filed form to the University Unemployment Compensation Office when the unemployment claim is filed.

University Unemployment Compensation Office

  1. Review the unemployment claim form. Determine if the claim is fraud related to identity theft by reviewing the worker’s employment relationship with the University.

  2. Report (protest) the claim as fraud related to identity theft to the State Unemployment Insurance Agency.

  3. Send a weekly targeted email to the affected worker’s University email address. The email notifies the employee about the fraudulently filed claim, that the University Unemployment Compensation Office reported the claim as fraud related to identity theft to the State Unemployment Insurance Agency, and additional action steps.

Current or Former Employee

  1. Read the targeted email in its entirety.

  2. Follow the recommended actions to help protect and recover the stolen identity.

  3. Contact the University HR Representative if further clarification is needed after reading the email.

HR Representative

  1. Respond to inquiries from an employee who has been affected by unemployment fraud.

  2. Notify the University Unemployment Compensation Office if the claim is not fraudulent.

State Unemployment Insurance Agency

  1. Notify the Fraud Investigation Unit at the State Insurance Agency about the reported fraud for further investigation and stop benefit payment immediately.

  2. If more information is needed, issue a request for additional information form to the University Unemployment Compensation Office.

University Unemployment Compensation Office

  1. Respond to inquiries received from the State Unemployment Insurance Agency.

  2. Protest benefit charges if payment is issued on the claim.

State Unemployment Insurance Agency

Issue restitution to the University for any benefit payments charged to the claim.

Additional Resources